Monthly TCPA Digest — September 2021
We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s Regulatory Update, we discuss two Further Notice of Proposed Rulemaking items on the FCC’s agenda for its September Open Meeting, both aimed at stopping illegal robocalls. The first Further Notice under consideration seeks to revise the rules and change the design of the Do-Not-Call registry for 911 call centers, which are known as Public Safety Answering Points (PSAPs). The FCC will also vote on adopting rules to impose regulations on gateway providers, defined as the first U.S.–based intermediate provider in the call path of a foreign-originated robocall to the United States.
In our Litigation Update, we cover the Sixth Circuit’s recent decision in Lindenbaum v. Realgy, LLC, the first federal appellate ruling to reject the Creasy v. Charter Communications ruling from the Eastern District of Louisiana, which concluded that the TCPA is unconstitutional as applied to any robocalls made when the law included an exception for government debt collectors. The Creasy court relied on the Supreme Court’s holding in Barr v. AAPC that the TCPA was void when the exception was in place between November 2015 and July 6, 2020.
If you have suggestions for topics you’d like us to feature in this newsletter, or any questions about the content in this issue, please feel free to reach out to an attorney on Mintz’s TCPA and Consumer Calling Practice team.
In This Edition
Part I – TCPA Regulatory Update
FCC Attempts to Curb Robocalls to 911 Call Centers; Stop Illegal Robocalls from Entering American Phone Networks
Part II – TCPA Litigation Update
Sixth Circuit Holds TCPA Claims Arising Between November 2015 and July 2020 Are Viable